Serbia Handbook for Legal Aid Providers Final

security, public order, public health or morals or the rights and freedoms of others, and are
consistent with international human rights, refugee and humanitarian law and related standards. 48
Client returned to Kosovo and lived in Dećani monastery while she was waiting for
execution of an HPD decision to remove the illegal occupant. She required KFOR
transport whenever she left the monastery. Before the execution of the HPD decision
was effected she ended up selling the home, because she couldn’t move around
freely and her son couldn’t come home as he was a policeman before the war in Peć.
Human rights standards such as Article 13(1) of the Universal Declaration of Human Rights, and
Article 12 (1) of the International Covenant on Civil and Political Rights all recognize the right to
freedom of movement and residence.
IDP in Djakovica 100 meters from home
All persons are entitled to move from one place to another and to establish themselves in a place of
their choice. 49 The problem is that the freedom of movement has not been restricted necessarily by
any act of the government, but by low level intimidation which has created subjective barriers for
IDPs. However, municipal interference with ones property, refusal of government to cooperate with
restitution claims and other forms of obstruction are actions/inactions that advocates can raise in
courts and before human rights tribunals as violations of the right to freedom of movement. Part of
the main reason for the establishment of legal aid for IDPs from Kosovo and Metohija is their lack of
freedom of movement within the province. A lack of freedom of movement is also a lack of adequate
housing, as mentioned previously, which is actionable in court.
The enjoyment of this right must not be made dependent on any particular purpose or reason for the
person wanting to move or to stay in a place, this covers the entire territory of Kosovo and Metohija.
General Comment No. 27 of the Human Rights Committee on freedom of movement notes that
‘Everyone lawfully within the territory of a State enjoys, within that territory, the right to move freely
and to choose his or her place of residence…..The right to move freely relates to the whole territory
of a State, including all parts of federal States.
48 Ibid, Section 9(2)
49 Covenant on Civil and Political Rights, Article 12(1)